Jason Dzubow is an immigration attorney who specializes in political asylum, immigration court, and appeals. He is a partner at Dzubow & Pilcher, PLLC, and his full profile can be found here.
Contact Jason Dzubow about an Asylum or Immigration case:
JDzubow@DzubowLaw.com
(202) 328-1353
Hello Jason
Thanks for your blog these years helping me a lot. My asylum case was granted in 2022 and I submitted I485 application last year. Recently I checked my case location through Emma live chat. The agent says my case has been transferred to Queens field office in New York from NBC. Does it mean my case will be completed soon to get the final decision? Normally how long does it take to get the final decision after transferred to the local office?
I do not know how long it takes on average from the time a case is transferred and I generally do not think it is easy to predict. For most GC cases based on asylum, we see a total wait time of 1 to 2 years, and so hopefully that means you will get an interview or decision soon. Take care, Jason
Hi an Employee Sponsor me for Fb-3 why my case is still pending at BIA.
Sponsorship for an employment-based green card would generally not work if your case is already at the BIA. Maybe you could get the court to send your case back or try to get it dismissed, but you (or your lawyer) needs to ask for that. Also, even if that did happen, it would be a difficult path to get a green card, and it would probably require you to leave the US to get the GC overseas. Depending on your case, this may or may not be possible. I recommend you talk to a lawyer to evaluate the specifics of the case and review your options. Also, I wrote about these issues on August 28, 2018 and September 6, 2018 and those posts might give you some ideas. Take care, Jason
Dear Jason.
Thank-you so much for responding our questions.
Greatly appreciated.
Govt of PK has issued a notice regarding passports for asylees will not be renewed or issued.
Please shed light on this issue. How will it effect on the cases pending with USCIS ( waiting for decisions after interview)
Or pending with Court.
Now I am a state less person according to this notice. Are the asylees with pending cases are having good chances to win their cases?
Thank you.
Assuming the notice is legitimate, I would include a copy with your case and also include news articles or other evidence about the new rule. I imagine it would strengthen your case. You would also want to see if any human rights organizations address this issue and see whether there are any other consequences. For example, some countries persecute returned asylum seekers, either directly (like Syria, but detaining and harming them) or indirectly (like Iraq, where asylum seekers who lived in the US are sometimes perceived as “Americans” and subject to harm). I have not seen such a report about Pakistan, but if this is a new rule, maybe that government will also start to persecute returned asylum seekers, which would also be relevant to an asylum case from Pakistan. Take care, Jason
Hi Jason,
I have a pending I 485 application based on grant of asylum I would like to travel abroad with my wife to France on vacation should I apply for advance parole or RTD ? Thanks
For asylees (people with asylum), the better document is the RTD, as that is designed for asylees to use instead of a passport to travel and re-enter the US. Take care, Jason
Hi Jason, I have a pending asylum case since 2016 and my Pakistani passport just recently expired and now that Pakistan is not renewing the passport for asylum seekers.. Is that going to affect my asylum case here in USA?
I do not see why that would have any negative effect on your case. You would bring your most recent passport – and all your passports – to the interview, even if it is expired. Take care, Jason
Thanks for your reply. Will I be able to travel till I get my passport even though if I get the asylum granted?
Travel outside the US? To do that, you need Advance Parole (I wrote about this on September 11, 2017) while asylum is pending; you also need a valid passport. If you win asylum, you can get a Refugee Travel Document, which can be used as a passport and allows you to travel and re-enter the US. Both documents are obtained using form I-131, available at http://www.uscis.gov. Take care, Jason
Hello Jason,
I have a pending Asylum case since 2017 and I recently paid a lawyer for FOIA. After about 3 weeks, I got a ASC appointment notice for my children to have their finger print done. Could it be that the file is been treated or does this happen randomly even though I personally was not sent a letter to have a fingerprint done.
Thank you
I do not know, but my guess is that it is a coincidence. I don’t think a FOIA would trigger a biometric appointment. We have been getting some biometric appointments recently for dependents. It seems like this is happening more often than in the past, but I am not sure. Anyway, there is no harm in making sure you have all your evidence ready for the interview, in case you get scheduled (and assuming you were not already interviewed). Take care, Jason
Thank you Jason. For all you do!!!
Hello. I’m derivative on my husband’s asylum application, pending since 2016. No interview yet. We are about to file for divorce and from my understanding I’m automatically removed from his case. Not filling for divorce is not an option. My EAD is valid until Aug 2025… will it be suspended after divorce? What should I do to keep my legal status in the US when I do not have any grounds for asylum on my own, and I’m here since 2015? I’m aware this is a complex question and I’ve been trying to get in touch with our immigration lawyer but he is not taking my calls. Thank you
You will not actually be removed from the case until someone tells the Asylum Office, and your EAD will remain in effect until it expires. However, you cannot legitimate renew the EAD (if you do file to renew after the divorce, you could be accused of fraud). In terms of options, I imagine that they are few. Maybe you can file for asylum – you said that you do not have a reason, but could the reason be that you will face harm on account of your relationship with your ex-husband (if someone wants to harm him, might they want to harm you?). If there is no basis for that, I would recommend you talk to a lawyer to review your situation and see whether there are any options. Maybe you could get sponsored by an employer or another family member, or maybe you are eligible for a country-specific program, such as TPS. I wrote posts on August 8 and 28, and September 6, 2018 about alternatives to asylum and that might give you some ideas, but I think you need to talk to a lawyer – preferably prior to your divorce – to see what may apply in your case. Take care, Jason
Good day,
I had my asylum interview in February of 2023, and I received a decision last week that my case has been referred to immigration court. I have been in the process of divorcing my wife for the past two months, and the divorce will be finalized next week.
Do I still need to attend my master hearing with my current wife, which would be my ex-wife, by the time of my master hearing scheduled for March 2025?
By that time, I would have remarried a US citizen and will have an I-130 application filed with USCIS based on the new marriage.
Please advise on how to proceed and my chances with getting it right with my I-130. Will being referred to court negative effects my I-130 application?
Hope to hear from you soon.
Thanks
If you are scheduled to attend a Master Hearing, you must attend. You can file documents with the court indicating that the marriage is ending and that you want to separate the two cases. If your ex was a dependent on your case and plans to file her own case, she should do that before the divorce is possible. I wrote about dependents and divorce on January 26, 2022. If you are the dependent, you may want to file an asylum form also, even though you will ultimately get your GC based on marriage – you would do that to have something pending (and a work permit) until the I-130 is approved and the case (probably) dismissed. Also, it would be your Plan B if something goes wrong with the marriage. In terms of getting a GC, as long as you entered the US legally, don’t have criminal issues, and the marriage is real, you should be able to get a GC based on the marriage. I wrote more about that on August 8, 2018. Take care, Jason
Hi Jason,
Thank you so much for your swift response. First of all, can I hire your services throughout the process? I don’t line in NY, so please let me know how to go about that.
My ex-wife was the dependent and waiting for her EAD based on her dependent status. Will out divorce process affect the outcome of her EAD application? Or will it stop her from using it even if it’s later approved?
We can represent people in their cases, but I am generally only taking cases in MD and VA. If you want to arrange a consultation, you can email me at jdzubow@dzubowlaw.com. Unless USCIS knows about the divorce, they will issue the EAD to her and she will be able to use it. If USCIS knows about the divorce before they issue the EAD, they should deny the EAD. However, if they issue the EAD, I think she would want to talk to a lawyer – maybe using the EAD would create problems since she is no longer a dependent on the case, but I am not sure. In practical terms, I suspect she will be able to use it normally, but I am not certain about that. Take care, Jason
Jason,
I just saw on the news this title “Biden rolls out asylum restrictions, months in the making, to help ‘gain control’ of the border”. How would this going to affect asylum seekers who got into the country legally (with a visa)?
It will have no effect on people who came here with a visa; it is only for people arriving at the border. If it goes into effect ad works (a big “if” since it will likely be challenged in court), it may free up resources for asylum offices to process more affirmative cases, and so in that sense, it may help get things moving at the Asylum Offices. Take care, Jason
Hi Jason,
If an asylum case has been pending for 9 years and the applicant hasn’t left the US since, is there a way to get an interview or a path to apply for a green card? I tried applying to expedite, but got no response, and tried applying for advance parole to meet my family outside my home country, but got denied twice. Thank you so much in advance for your response.
There is not a way to get a GC based on having waited 9 years. If you lose the case and get referred to Immigration Court, you could apply for Cancellation of Removal if you have been inside the US for 10+ years and you have a spouse, child or parent who is a US citizen or has a green card, and who would suffer extreme hardship if you are deported (there are other requirements as well). Maybe that is what you are thinking of. In terms of travel, I do not know why they denied you Advance Parole – the process is a real mess, but maybe you need stronger evidence about the “humanitarian” reason for your travel – I wrote about that on September 11, 2017 and maybe that post would give you some ideas. Finally, if you want to expedite the asylum case, maybe you should talk to a lawyer about filing a mandamus lawsuit – that is how many people get interviews these days. Take care, Jason
Hi Jason,
I’m applying for asylum and worry about my son, he is older than 21, is it possible for USCIS consider him to come US if I granted asylum case?
I saw that on the I-589 form , stated that regardless of age, put my wife and children even if older that 21? Would they allow him to grant visa if my asylum case approved?
Best regards
You have to list all your children on the I-589 form regardless of age. If you win asylum, you can file to bring a spouse or a child who was under 21 at the time asylum was filed (assuming the child is unmarried). However, if the child is over 21 at the time you file for asylum, and you win your case, you cannot bring the child to the US based on asylum. Instead, you would have to apply for a green card and once you had that, you could file for the child (if the child is not married; otherwise, you can only file for him once you are a US citizen). This is a very long process and so you would want to think of alternatives for the child – maybe he could come here on a student visa, for example. Take care, Jason
Greetings Jason,
Cam asylum seeker in US Applied for immigration in Canada with motive that more than 10 years have pass without a single interview and case still pending ? Will that have an impact on the pending case?
If you gain status in Canada, that will most likely block you from asylum in the US. Whether there is a way to get status in Canada, I do not know. You would have to talk to a lawyer in Canada to see if there is a path for you. Take care, Jason
Hi Jason,
Thank you for your unwavering support for asylum communities. I have a pending asylum case and recently requested an expedited process through mandamus. I am in the process of organizing the required affidavits, including one from a witness that is written in another language. My wife, who also has a separate pending asylum case but is included in mine, translated the document into English. My question is whether her translation could pose any credibility issues for asylum officers. Thanks Joel
You can use her translation, but I would have another person review it and sign the certificate of translation. In my experience, the asylum offices are pretty lax about who signs the certificate of translation, but technically it should not be someone who is part of the case or a close relative, and if the officer is a stickler, they could reject that translation. It should be easy enough to have a person who speaks both languages review the documents and sign a certificate, and that would ensure that the translation is accepted. I wrote more about translations on August 24, 2017, including a link to a certificate of translation. Take care, Jason
Hi! Jason
I entered with K1 Visa 2013 and I did not marry with the person,In 2014, I applied asylum,since 2014 ,My asylum case still pending, March this year 2024,I married with us citizenship,
My question is am I still tie with K1 Visa?If yes
what form to fill to get away with K1 Visa without leave the country and get green card?
I think you are not eligible to adjust status (i.e., get a green card in the US) based on the marriage. I think you would need to leave the US and try to get the GC overseas. You may also need a waiver, which is a form to request forgiveness for prior immigration “sins.” All this can be tricky, and I think you need to talk to a lawyer about specifics and how is the best way to proceed. Take care, Jason
Hi Jason, I have a pending asylum case in court. I’m on TPS now and we have filed a motion to close the asylum application. No decision given, it’s been 5 months since we filed though they have unscheduled the hearing. Does it take this long to process such requests and is there anything I can do to speed up the process. I’m unable to file for adjustment with a marriage petition due to this. Thanks, Helena
Some judges won’t dismiss if you have TPS, and so you may need to provide proof about the marriage, and also make sure DHS (the prosecutor) agrees. Since you have already made the request to the court, you can call the clerk to follow up. You can find their contact info if you follow the link under Resources called Immigration Court. If the judge denies the motion, hopefully, the judge will explain what else is required from you. Take care, Jason
Hi Jason,
Hope you’re well. How long does it take after asylum interview in Houston,TX to get decision? And if my asylum is approved, can I apply for green card right way or do I have to wait for a year? The new USCIS rule is confusing.
Cheers,
Bomaka
I do not know how long the decision will take – it is very unpredictable, though most offices make decisions for most applicants in less than 6 months, but it can be anywhere from a few days to years. If the case is approved you can apply for a green card at any time, but most lawyer – including me – recommend waiting at least 6 months, assuming you meet all other requirements. If you file immediately and USCIS happens to process the case quickly, it could be denied if you do not have a complete year inside the US after asylum was granted. I wrote more about this on February 8, 2023, explaining the reasoning. Take care, Jason
Hi Jason,
I just became a naturalized citizen. I want to bring my fiance from abroad to the USA.
What are the steps and requirements for it?
Check form I-129F at http://www.uscis.gov. The instructions list the requirements, including that you have see the fiance in person within the last two years (though there are exceptions to that rule). Take care, Jason
Hi Jason,
Here is the scene, asylum filed for 3 people family, father, mother, and a daughter. Now father is main applicant, if father (main applicant) died, than WHT about rest of family members(mother and daughter)?
If the principal applicant dies, the dependents have to file for asylum as soon as possible. The mother can file and include the daughter, if the daughter is still under 21 and not married. If the daughter is 21 or older and/or married, she will need her own application. They can also file their own application before the father dies, if they are worried about that. Check the “Special Instructions” on the I-589 web page at http://www.uscis.gov. I wrote more about this on January 26, 2022 (the part you would want is towards the end of that article). Take care, Jason
Hello,
Thanks for all your help. I applied for asylum in May 2017, Is there any possibility for an interview in the Arlington asylum office any time soon?
I doubt you will get an interview any time soon unless you can expedite, and if that fails (which is likely), you file a mandamus lawsuit. The first step is to try to expedite and I wrote about that on March 23, 2022. Take care, Jason
Hi Jason,
So my EAD application as a pending asylum applicant from 2022 surprisingly just got approved, although I have already received my asylee EAD last year. Do you know what should I do with the new EAD or it’s useless for any official purposes? Thanks
I do not see how it helps you in any way, especially since you already have an asylee EAD. I would keep it, as it is best to keep a record of all your immigration history, but otherwise, I think it is of no use. Take care, Jason
Hi Jason
Thanks for your help!
How easy is it for anyone(my home country agencies or anyone anonymously) to send a FOIA request to obtain information without knowing me?
It is illegal, and whoever files needs certain info about you, but it is probably possible to file a FOIA about someone else and get info, as long as they are willing to risk being arrested for a crime. I have sometimes wondered about this and whether/how often it happens. Also, whether there are safeguards in place to prevent it from happening, as it seems like this would be pretty easy to do. I guess the short answer is that I am not sure, but it seems possible. Take care, Jason
Hi Jason, a person I know filed the N-400 naturalization application in early April in Texas and was interviewed last week. He was approved during the interview. The processing time was less than two months for him. This is a good news and I am happy for him. Is this the normal processing time these days? also is this for green cards and other services or only naturalization.
It is not normal in my part of the country. There was a brief period, maybe after the Biden Administration came in, where many N-400 cases took less than 5 or 6 months, but for the last year or two, they are taking longer. It may be that Texas is still doing them faster or maybe he was just lucky. Take care, Jason
Hi Jason,
My asylum case is in EOIR and waiting for individual hearing. Currently according https://egov.uscis.gov/processing-times/, the time it takes for I-765 for renewal for category c8 is 15 months.
1. Should I file I-765(for renewal) 15 months before the current EAD expired?
2. For my case, is it a good idea to file I-765 online? (https://www.uscis.gov/file-online/forms-available-to-file-online)
Thank you in advance.
1 – The earliest you can file to renew the current EAD is 180 days before the current card expires. This will give you an automatic extension of 540 days for your current card, and in almost every case, USCIS issues the new EAD before the automatic extension period ends. 2 – That is up to you. Online filing is $50 cheaper and you get a faster receipt. I am not a fan of the online system, but for people filing without a lawyer, it is pretty easy (the interaction between the lawyer and client USCIS accounts is problematic and so it is significantly more work for us to file online versus by paper). Take care, Jason
Hello Jason.
While applying for EAD renewal, do i apply for a SSN again or no? Maybe i am asking if EAD application is connected to the validity of SSN?
Thank you
You would only apply for the SSN if you do not have one already. If you have the SSN, you should not apply again for it on the I-765, and you can enter your existing SSN on that form where required. Take care, Jason
Hello Jason.
I am an asylum applicant and I haven’t got my interview yet.
While filling out the online form I-765 (renewal), what can i answer to the following question:
Question: What is your current immigration status or category?
Answer:
1) 999 – Alien Awaiting Decision Of Asylum
or
2) AS – Asylee Applicant With Work Authorization
I do not use the online system much, since I don’t like it, and this is one reason why. Both answers seem correct to me, but the #2 seems like it is for a renewal and #1 seems like it is for a first-time EAD. Make sure to upload the required documents, which should also make clear what you are seeking. You can also upload a cover letter explaining what you need and that you are not sure about the answer to this question. Take care, Jason
Hi,
Choose option 1 as option 2 refers to an asylee. You are not an asylee as of yet. 999 would be your answer in my opinion.
Look at what Google AI is saying:
The correct answer for your situation on the I-765 renewal application for “What is your current immigration status or category?” is:
999 – Alien Awaiting Decision Of Asylum
Here’s why:
AS – Asylee Applicant With Work Authorization applies to individuals who have already been granted asylum and received work authorization. Since you’re still waiting for a decision on your asylum application, you don’t fall under this category.
999 – Alien Awaiting Decision Of Asylum accurately reflects your current status as an asylum applicant waiting for a decision.
Hi JASON ,I got referred to court in September 2019 and my court docket is 02/20/2020.i get my MCH and I am waiting for my individual hearing since then .but nothing yet.the judge asked my attorney to send additional documents in February 2024 and now I have no interview scheduled yet.they will schedule my individual hearing soon or not ?my wife is in serious trouble in my country
That depends on the judge. You can try to expedite the court date by filing a motion to advance. I wrote about that on April 20, 2017. Maybe see if your lawyer is able to do that. Take care, Jason
Jason,
What’s the fastest way to get a travel document (expedited) after getting a receipt for an asylum case? How long would that take to receive?
Cheers, man
I assume you mean Advance Parole, which acts like a visa so you can travel outside the US with your passport and return using AP during the time your asylum application is pending (this is for a case at the asylum office; if you leave while you have a case in Immigration Court, it can result in you being denied re-entry). I wrote about AP on September 11, 2017 and about expediting on January 29, 2020. Those posts might help, but basically, you would need to file for AP (form I-131, available at http://www.uscis.gov) and try to get USCIS to expedite that by request (with evidence) that they expedite in the application packet and also by calling them at 800-375-5283, probably repeatedly to hopefully reach a human bring and then request that they expedite the case. Take care, Jason
Hi Jason,
I’ve been waiting for my Asylum interview since 2014 and have EAD valid for 5 years, today I received fingerprint appointment notice….does that mean my interview is about to scheduled? Thanks for your help!
We have seen this a few times and I am not sure whether it has any meaning. I would make sure your case is ready to go, just in case they do schedule an interview, as I guess that is possible. Also, you can email the asylum office to ask. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Thank you for your quick response!
Hi Jason,
I hope life will be good and you and your family will be healthy and in blessings,
I was reading a message of KK about her sister green card and EAD, will it not be sent Automatically by USCIS or Anyone who has been granted asylum will file an application. I got a notice of approval which was stating that your EAD card will be mailed on the address last given to USCIS. So I got confused if I should wait or apply for EAD.
REGARDS
Asad
If you won asylum at the Asylum Office, USCIS should automatically send the new EAD. However, if you won asylum in court, you need to Google “post order instructions in immigration court” and follow those in order to get the EAD. Take care, Jason
Hello Jason,
I hope you’re doing well.
The asylum office rejected my request to expedite my interview and placed my case in the short list.
They stated that in order for my case to be scheduled for interview, I need to waive the 21 days-notification requirement.
My question is, what’s the risk of doing that and if you recommend it or not.
Thanks again for all the great support for all asylum seekers.
That means you may get an interview very last minute – for example, they could contact you today for an interview tomorrow. If that is ok for you, you can waive the notice requirement (which at least at my asylum office, is a joke, as we rarely get 21 days notice before the interview). If you do that, you should file a copy of all your evidence now, so they have it. I recommend that you file it electronically by email with a note explaining that you are filing it because you are on the short notice list. You can find their email if you follow the link under Resources called Asylum Office Locator. Keep a copy of the evidence for yourself, and maybe once the interview is scheduled, email it to them again, in case they lost the first set of evidence. You can also bring a hard copy of your evidence to the interview. Also, while it is called the “short” list, for most offices, it is quite long, and so you may not get an interview for a long time. Since it is unpredictable, it is important to be ready, and hopefully, the wait will not be too long. Take care, Jason
Hello Jason,
Thank you so much for your response and the great information you provided.
I have been told by an attorney I consulted before that if I waive the 21-day requirement, it may impact the outcome of the interview and increase the chance of getting denied as the immigration officer wouldn’t have enough time to review my case and it would be easier to deny it and send it to court, do you agree with that?
Thank you again for all the great help and support.
I think reasonable people can differ on that, but I do not agree with that. As far as I can tell, most officers get the file very shortly before the interview; sometimes that same morning. And so I do not think the problem is asylum officer prep. I think a potential issue is whether you are able to go to the interview on short notice. If everything is already submitted, at least the evidence is ok, but you would also want to be mentally prepared and have time to re-familiarize yourself with the facts of your case. As long as you are confident that you can do those things on short notice, in my opinion, you do not decrease your chances of success for a short-notice interview. Take care, Jason
Hi Jason,
Thank you so much for your help.
I have been waiting for my interview for 5 years. Can I sue the government with Mandamus? What are the chances that Mandamus will have a negative impact on my case? For example, could the Asylum officer/supervisor become upset and reject my case?
You can file a mandamus, but before you do that, you should make sure your case is all done and ready to go. Also, you should try to expedite your case the “normal” way – I wrote about that on March 23, 2022. If that fails, then you can try a mandamus. In my experience, the mandamus cases usually result in an interview and a decision, and I think it is very unlikely that it will have a negative effect on your case. Take care, Jason
Hello Jason and thank you for all what you do.
I have a question,
My sister has an approved asylum that was approved in 2021 ,and she waited for a whole year and she applied for the Green card in February last ,she hasn’t gotten her Green card yet and she has Waited for 15 months for her GC to be approved.
So her work authorization card is expiring in September this year and she is thinking of renewing it,so my question is ,is she supposed to renew renew her work permit and if yes ,is she supposed to use the same category AO5 or another category since she is waiting for her GC to be approved and if so,is she going to pay any fee for the application.
Thank you.
It takes maybe 1 to 2 years to get the GC based on asylum, at least for most people. So hopefully, she will have that soon. Asylees do not need a work permit to work legally (see https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/70-evidence-of-employment-authorization-for-certain-categories/73-refugees-and-asylees). However, it does make life easier to have the work permit, as many employers and the DMV do not know about this. If she decides to apply for a new work permit, it would be under category a-5 (asylum granted) and she would need to pay the fee or do a fee waiver (form I-912, available at http://www.uscis.gov). Take care, Jason
Hello Jason,
I have a pending I-485. I got an Asylee status based on political fear. My Mother was recently diagnosed with late stage cancer. If I travel back to my home country to visit her using my RTD with that cause issues coming back? I would need to apply for visa in my locale home country embassy, but my case is based on political fear. How would that play out? Thank you in advance!
I am sorry for the situation and you will have to decide how best to proceed, but there is some risk to your status if you go to your country. It sounds like the main fear is from the government, which presumably controls the entry points into the country. You may be better off entering your country with your passport and not presenting the RTD, which will indicate to them that you are a refugee from that country (though again, you will have to make your best decision here). I wrote more about this on January 6, 2016 and maybe that would help, but at a minimum, you should be prepared to explain with evidence why you returned and how you stayed safe while there. You may need to explain this when you return to the US, at a GC interview (some people get these interviews and some do not), and at the citizenship interview. Take care, Jason
Hi Jason, can people who have a green card through asylum apply for the Global Entry program. The requirement seems to be a passport and permanent resident card. It is not specified if the green card through asylum or family or any other grounds. Maybe some of your clients applied for this and you have some insights about their experiences.
Sorry, I do not know about that. However, as far as I know, for all purposes, if you have a GC based on asylum, you should be treated the same way as every other GC holder, regardless of how they got the GC. Take care, Jason
Hi , my asylum has approved 14 months ago and i am waiting for GC
Can I send invitation letter for my sister who wants to go to America consulate next month . Does it bad effect for getting my green card? At all, does it make sense that asylum seeker invites their sister for visiting and benefit emotionally?
I do not know that the letter will help or hurt, but I guess you can try. If you got asylum here, the consulate may suspect that your sister will try to seek asylum too, and so she will need good evidence that she plans to return to her country. If she has that, maybe your letter will help, as it shows that she wants to visit to support you. Take care, Jason
Jason,
Can an asylum applicant travel to Hawaii with only a valid American ID and a receipt for an asylum case? Knowing that the applicant doesn’t have a valid passport anywhere.
You should be able to do that – but maybe you want to call the airline or check their website about what documents are needed to board a plane. Bring a copy of your asylum receipt with you, in case you need that for anything (unlikely, but it is a good idea to have it). Take care, Jason
Adam, I have travelled to Hawaii with my DL only while pending asylum without any issue. Take your covid vaccination card with you because they used to ask for it there.
Hi Jason,
I hope everything will be fine in your life. I got approved by the grace of Almighty. Now should I apply for i485 or should I wait for 1 year and then apply?
Regards and thanx for your help.
Asad
Congratulations! Most lawyers, including me, recommend waiting 6 months and then applying, but that is up to you. I explain the reasons why I think people should wait 6 months in an article dated February 8, 2023. Take care, Jason
Thanx as always , I will do the same as you suggested
May I ask how long did you have to wait? And what nationality are you? I’m guessing Syrian maybe?
Hi Jason,
Have you ever heard of or seen someone getting their asylum approval backdated or their green card or citizenship backdated or expedited if the asylum office took several years to approve their asylum application? I mean is there any compensation or credit given for wasting someone’s precious years? When they were going to approve it, why did they not approve it many years ago? Is there any mechanism to make USCIS compensate for the loss of these years while waiting for decision?
Regards
This is a good question. They won’t do it, but they should. The only thing is that they are supposed to back date the green card one year, which is better than nothing, I guess. Sometimes, they even forget to do that and I am not sure it is not really worth the trouble of trying to fix it, as that is a big pain. Take care, Jason
Thank you Jason for your help!
Do you think an advocacy campaign can address this issue for example by involving congress?
I think this issue is relatively minor compared to other problems, and so I do not see that Congress is going to help. I do think it is an issue worth raising with the USCIS Ombudsman or during liaison meetings, as I suspect if USCIS knows about the problem, they will try to make sure it is corrected. Take care, Jason
Hi Jason,
I hope you and your family will be fine and healthy, I was waiting for my asylum interview for last almost 9 years in ny, finally got interview on 15th of April, did the interview and now status changed from decision is pending to decision was mailed, is it a denial? Because I heard if you get a message ” fees were waived ” its normally shows an approval before the message ” decision was mailed ” .I am in alot of anxiety and stress because of this. Will be waiting for your kind reply. Stay blessed
I have heard people report that the “fees were waived” message is a sign of a grant, but I really think you cannot know either way until you receive the paper order. I would just try to be patient and wait for that and hope for the best. If the case is denied (and I am definitely NOT saying that I think that is the outcome), it is very possible to win in court. In fact, more than 75% of cases denied at the asylum office are granted in court. Also, court cases generally move more quickly these days, so the wait should not be very long. Basically, I am trying to say that even if the case is not approved, that is not the end of the story and you can still win. That said, I hope you get a good decision soon. Good luck, Jason
May god bless you for your kind words
Sir Jason
I have complicated question, if Asylee who brought here his wife and 2 children and he have now 2 more kids born in US. The wife and 2 kids they having GC the 2 baby born here they are citizen, the husband didnt get his GC yet , they got divorced few month ago , and the husband prove to immigration that he lied about his asylum case , and there is letter from his x wife to support him in immigration and its all lies ,, will they be Deported from US ?
I am not completely sure I understand the question, but if some has asylum or a GC in the US, and now there is evidence that their status was based on a fraud, they could potentially lose their status. I suppose it will depend on many specifics (for example, might the one spouse claim that the asylum case is true but that the husband is now saying it is a lie to harm the spouse?). There is a process to take away a person’s status in the US, and so they would have a chance to defend themselves and explain the situation, but certainly, if the US government finds fraud, they can take away the family members’ status and deport them. Take care, Jason
Hello Jason
Thanks for reply, they are still in process of divorce, and domestic violence, wife lied about everything after she got the GC through her husband Asylum case, husband did not receive his GC yet. They having 2 kids with GC and 2 Kids born here. Husband have a letter from wife by her hand she steated what happened to her husband in terms of torture and threats from the government of their country towards her husband. With her signature But its all lie. Husband he want to go to the USCIS to say he lied and his wife lied as well. Will that deport all the Family back home!! There is war going on in them country what will happen in this case.
Thanks for your help
I suppose there is some risk that the US government will try to take away their status and deport them, but that is a long process. I think he should definitely talk to a lawyer for help. In a situation like this, he should document all communication with the wife and also write down everything that has happened so far. Also, he should think of strategies to communicate with USCIS to tell them about the problem, and so for example, if his GC application is pending, maybe he wants to send USCIS a letter as part of that case to explain the problem. He should definitely not do that until he talks to a lawyer and assesses the situation more completely, but I do think he should talk to a lawyer as soon as possible to start addressing the problem. Take care, Jason
Hello jason
What the husband said is true, the proof is the letter from his ex-wife that supports his lies To immigration to get Asylum approval.
Hi Jason,
Thanks for your help.
A few years ago, a friend of mine got divorced from her husband while their asylum application was pending. Her husband was the primary applicant, and they have two children who were born in the US. Both kids live with my friend.
Later, her ex-husband married a US citizen (his co-worker), and his green card was approved. Now he is about to become a citizen. He often comes to see their children, but his US citizen wife does not allow him to visit or financially support his children. She is asking for a divorce if he wants to support his kids. If his US citizen wife divorces him for these reasons…
Could you help me understand what would happen if my friend’s ex-husband were to come back to take care of the kids? Would he be able to remarry her? All of this is happening because of the strong bond he has with his kids.
The ex-husband is legally eligible to file for the children now or when he becomes a US citizen (though it sounds like there might be consequences for his current marriage if he does that). Whether the children can get a GC based on that without leaving the US depends on many factors, such as their age, custody status, whether they entered the US legally, etc. Based on your statement, my guess is that they would be eligible, but you would need to have a lawyer look at the specifics to be sure. If the ex-husband got divorced and re-married your friend, he would be able to file for her also, but that is a bit tricky. If a person gets a GC based on a marriage and then divorces, marries someone else, and then wants to give the new spouse a GC, there is a period of time during which USCIS either does not allow that or looks suspiciously at the situation (I have done this once in the past, but it was 15+ years ago and I do not remember the exact details). I think the waiting period is 7 years after the person got a GC, but I am not sure and you would need to talk to a lawyer to figure that out. In the case I did, it was well after the 7 year period and the process was still delayed, presumably because USCIS suspected fraud. In any event, in our case, it worked out and so it is possible. Take care, Jason
Hello Jason,
A few months ago I asked you a question about my father, who is an asylum applicant and have been waiting for the interview since January 2017. He is 80 years old now and his health condition is not so good because of his age. What happened if at the time he will be invited to the interview he is unable to walk, talk or thing straight (permanently) ? According to your reply, somebody else could go to the interview instead of him. My question is if I can come to the interview ( I am also an asylum applicant since 2015 and his case occurred because of my case) and if yes, which document I should have. you told me to check back in April because you should have a case like this in April.
We did a case a bit like that where the brother was mentally disabled and non-verbal. His sister (also an asylum seeker) attended the interview with him and answered questions for him. They had birth certificates to prove the relationship, passports, and the testimony of the sister. We also had some limited medical documents to show the brother’s disability. I think for you, the question is whether your father is able to answer questions. If he is, someone can help him get to the room and he can do the interview. If he has a medical condition that prevents him from doing the interview, try to get a letter from the doctor. Also, I am pasting below the relevant information from an email the asylum office sent us before the interview. Take care, Jason
Please be aware of the following section of the Affirmative Asylum Procedures Manual (AAPM). The full text of the AAPM may be found online by searching for “AAPM asylum;” in relevant part, it reads as follows:
12. Applicants Unable to Testify on their Own Behalf
An asylum applicant may be incapable of testifying on his or her own behalf due to mental incompetence [or] a physical disability. See Section III.B.6 below for additional guidance on applicants with disabilities. These include individuals who suffer from acute mental or physical disorders, or have suffered an injury, such as a stroke, that makes them unable to communicate.
Asylum Office personnel are neither trained nor expected to evaluate an asylum applicant’s mental or physical competency and shall not make any determinations to that effect. However, there may be cases in which an applicant manifests behavior that leads Asylum Office personnel to question the applicant’s ability to provide competent testimony.
When Asylum Office personnel become concerned that an applicant is not competent to testify, a Supervisory Asylum Officer must be notified and apprised of the reasons for concern. If the Supervisory Asylum Officer believes that there are reasonable grounds to question the competence of the applicant to provide testimony, Asylum Office personnel shall explain the procedures in this section to a representative, family member or guardian accompanying the applicant to the Asylum Office, or to the asylum applicant him or herself, if practicable.
Although the burden of proof is on the applicant to establish his or her eligibility for asylum, a Director may permit another individual to testify on behalf of an applicant who is unable to testify on his or her own behalf as long as certain criteria are met.
a. Criteria and Required Documentation
For another individual to be allowed to testify on behalf of an applicant, the nature of the applicant’s condition must be so severe that it rules out the possibility of him or her testifying on his or her behalf at any time in the near future. Additionally, the applicant must be under the care of a physician, psychiatrist, or psychologist who certifies in a letter that the applicant is mentally or physically incompetent to be interviewed about his or her asylum application in the near future. Only the Asylum Office Director may waive the requirement of documentation if extraordinary circumstances warrant. When provided, documentation must include:
Length of time the physician, psychiatrist, or psychologist has been treating the applicant.
Condition from which the applicant suffers, including any type of medication that is prescribed.
Long term prognosis of the applicant’s mental or physical condition.
Usually, an applicant who suffers from post-traumatic stress disorder (PTSD) would not be considered unable to testify on his or her own behalf. Individuals who are seeking medical assistance for PTSD or other mental health conditions may request a postponement of an asylum interview. The request should be made in writing to the attention of the Asylum Office Director, who determines whether the request shall be granted and how long the interview shall be postponed.
b. Testifying on an Applicant’s Behalf
The individual testifying on the applicant’s behalf cannot be the representative of record. The individual must have first-hand knowledge of the applicant’s asylum claim. There is no requirement that the individual be the applicant’s relative, only that he or she possesses sufficient knowledge of the applicant’s situation in order to sustain the applicant’s burden to establish asylum eligibility.
If no one is available to testify on the applicant’s behalf, or the above criteria are not satisfied and competent testimony cannot be taken, contact HQASM for guidance on how to proceed.
Thank you very much Jason.
You have helped me a few times. One of your advice was about how to expedite my ex-husband naturalization; as the result- the case was expedited; my ex-husband became the US citizen 1 week before our children’s 18th birthday and now our children are US citizens.
Thank you!
That’s great news! I am glad it worked. Thank you for letting me know. Take care, Jason
Hi and Greetings, thanks for your great work and everything you do for us, I am your follower from more then 7 or 8 years, my time line,came to USA B2, Applied 2014, interview 2017, decision Reffered to Court 2019 , master hearing 2020, Got married to LPR 2021, Spouse became Citizen 2022, applied i130 still pending, Judge granted me asylum, 2022, i485 applied 2023, Approved 3,2024, no interview,. long 11 years, Now question, I got GC through Asylum, For N400 3 years rule or 5 years rule, Green card back dated 1 year, thanks and good luck everyone,
That was a long road, but Congratulations! Only people who get the GC based on marrying a US citizen can apply for citizenship after 3 years. Everyone else must wait 5 years. If you got the GC in 2024 based on asylum, it should be back dated one year to 2023, and so you can file 5 years after the date on your GC. Also, assuming you satisfy all other requirements, you can file the N-400 up to 90 days before your 5-year anniversary, so based on all that, you should probably be able to file the N-400 about 3 years and 9 months after you received the asylum-based GC. Take care, Jason
😂 That must be happened in San Francisco
GC PENDING
April 23, 2024
Hello Jason,
Hope you are doing great. We are waiting for our asylum based GC from July 2022, we ask our congress member for our case USCIS informs that they moved our case to Long Island field office for an potential interview waiver request do you know if a case moved to field office how much more time it will take to approve? Also we resides here in VA why they move our case to NY?
Thanks
I do not know how long it takes, but in general, GC cases based on asylum take 1 to 2 years and most do not have interviews. Why the case would be moved to a Field Office in NY, I do not know. If you have moved at all since you filed the case, make sure you did a change of address using form AR-11, which you can do online. Take care, Jason
Hi Jason,
I hope you will be fine and healthy by the grace of Almighty,
My question is, in the determination of an asylum applicant, who’s decision has more power, an asylum officer or a supervisor? And if an asylum officer during the interview determines that credible fear for an asylum applicant is being established so can a supervisor decline the decision and deny the applicant for asylum?
Regards
The Asylum Officer makes the decision, but has to write up the decision and the supervisor needs to approve that. If the supervisor does not approve, they can require the officer to re-do the decision or re-do the interview. I think the question of who has more power is not possible to answer, as I suspect it depends on the supervisor and the officer, and I also imagine that most times, the officer’s decision will be approved by the supervisor. Take care, Jason
As always, you are here to help our community, GOD BLESS YOU
Hi Jason,
I hope this message finds you well. I wanted to extend my gratitude for all the incredible work you’re doing.
I have a question regarding a situation involving a friend of mine who is a granted asylee. Recently, he requested expedited processing for his Green Card application due to travel-related reasons. However, he received a surprising response stating that his Green Card couldn’t be expedited because his Employment Authorization Document (EAD) has expired.
My understanding was that possessing an EAD is an option rather than a requirement for granted asylees. Could you shed some light on this matter?
Best regards
I do not understand that message either, and I do not see why the EAD would have anything to do with the GC. Maybe he wants to apply for a Refugee Travel Document (form I-131, available at http://www.uscis.gov), as that is probably easier to expedite than a GC (not easy to expedite, but easier). I wrote about expediting in general on January 29, 2020 and maybe that would help. Take care, Jason
But is a granted asylee required to have an EAD to work?
It is not required (see http://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/70-evidence-of-employment-authorization-for-certain-categories/73-refugees-and-asylees), though it does make life easier, since employers and the DMV often want to see an EAD. Also, the first EAD based on asylum granted is free, so there is no reason not to apply for it. Take care, Jason
Hi and Greetings, thanks for your great work and everything you do for us, I am your follower from more then 7 or 8 years, my time line,came to USA B2, Applied 2014, interview 2017, decision Reffered to Court 2019 , master hearing 2020, Got married to LPR 2021, Spouse became Citizen 2022, applied i130 still pending, Judge granted me asylum, 2022, i485 applied 2023, Approved 3,2024, no interview,. long 11 years, Now question, I got GC through Asylum, For N400 3 years rule or 5 years rule, Green card back dated 1 year, thanks and good luck everyone,
That was a long road, but Congratulations! Only people who get the GC based on marrying a US citizen can apply for citizenship after 3 years. Everyone else must wait 5 years. If you got the GC in 2024 based on asylum, it should be back dated one year to 2023, and so you can file 5 years after the date on your GC. Also, assuming you satisfy all other requirements, you can file the N-400 up to 90 days before your 5-year anniversary, so based on all that, you should probably be able to file the N-400 about 3 years and 9 months after you received the asylum-based GC. Take care, Jason
Greetings Jason,
I am on pending asylumn since 2017, was just granted TPS last month, recently applied for EAD renewal based on C08 category. Just received news from my job that they could sponsor me for GC if that will be ok for me. Of course I would love it. After checking requirements online you need passport for that visa and the one I get from home country is expired since 2022. What are my chances of success innregards to to my current situation. Have you ever heard or deal with such case. Please help.
Thanks for helping an anxious soul.
The EAD Renewal based on pending asylum I just applied for last month is still pending.
You will need to talk to a lawyer about the specifics of your situation, but there may be a path for you. One option may be to adjust status (get your green card inside the US) based on the fact that you are here lawfully with TPS (if you only have a pending asylum case, that is probably not an option). Another possibility is to get Advance Parole based on TPS (AP is permission to return to the US if you leave), leave the US, process the green card at an embassy overseas, and then return here with the GC. You would want AP, so that if something goes wrong, you will still have a way to return here. I wrote more about this on August 28, 2018 and September 6, 2018, but again, you would want to talk to a lawyer to map out the specifics, as there may be other options, or in some cases, it may not be possible to do either of these ideas. Take care, Jason
Thank you for your prompt response Jason, but Advance parole will be of no help for me since my passport is expired and cannot renew from country of persecution; thus will not even be able to leave the US. I feel at lost here. Will find a lawyer to talk to.
You may be eligible to get the GC inside the US based on your TPS status. If so, you could probably do that without a new passport. But do talk to a lawyer, as it would be good to have specific advice about your options so you can make the best decision. Take care, Jason
Hi Jason, Can you please explain the advantage of applying for TPS while on a pending asylum case? Does it help or not? If so how?
The main advantage is that it is easier to get permission to travel (Advance Parole) if you have TPS. For people with asylum, they have to show a “humanitarian” reason for the travel, which USCIS does not always accept. For people with TPS, they are eligible to get AP for any reason. Also, if you have TPS, and want to adjust status (get a green card inside the US) based on a job or marriage to a person with a green card, it may be easier to do that if you have TPS. In terms of day-to-day life in the US, working, having a driver’s license, etc., I do not think that TPS makes much difference if you already have a pending asylum case. Take care, Jason
Hi Jason,
Is applying for TPS only restricted to people from certain nationalities, or can anyone with pending asylum apply for TPS?
Secondly,can i obtain an immigrant visa after returning to home country COP and withdrawing my pending assylum application?
Thanks.
1 – It is only for people from certain countries. You can Google “TPS USCIS” and find the list. 2 – You can, but you may need a “waiver” if you have an immigration violation, such as unlawful entry, overstaying the visa before applying for asylum, or criminal convictions. If you have such “sins,” the fact that you previously applied for asylum should have no effect on an immigrant visa application (though it likely will make it more difficult to get certain non-immigrant visas, such as B or F). Take care, Jason
So do you recommend to apply for TPS even if I’m already on a pending Asylum . As you stated it has a benefit on changing status if i have TPS but what i didn’t understand is that it is advantageous if i apply for TPS while having pending asylum?
One advantage is that it is easier to get Advance Parole to travel if you have TPS. It is possible to get based on asylum, but it is more difficult (I wrote about that on September 11, 2017). Another reason to have TPS is that it may make it possible for you to adjust status (get a green card in the US) based on a family relationship or a job, though that would depend on different factors and you would want to talk to a lawyer about specifics. If you do not need either of those things, there is no real benefits to having TPS, though it does prevent you from being deported if you ultimately lose your asylum case (as long as TPS is still in effect). Take care, Jason
Hi Jason appreciate what you do to help others, I am an asylee, and I am dependent, the principal asylee has political issues from the country he fled from, I and my children wants to go back to the country which he fled from for visit by refugees travel documents ,we also applied for LPR,how likely the DHS are going to deny reentry to US?Do you know any case that denied reentry and how will lawyers help if reentry is denied? Thanks
If you have a valid RTD or green card, you should be allowed to re-enter the US. However, the trip could raise suspicion, since you have asylum from that country. Asylee dependents should be able to travel to the home country and return with no issues, since you are a dependent and it was not your case. The concern is that the immigration officer will not know the law, and will be suspicious that you went back. You should have access to proof that you were the dependent and not the main applicant (maybe you can save documents about that in your email, so you can get it if you need it). You should also be prepared to explain why you returned and that the danger was to your husband and not to you. Also, if your husband’s case said that his whole family is in danger, you should be prepared to explain why you returned and how you stayed safe. Take care, Jason
Hi Jason,
What is “I am willing to proceed with a Matter of FeFe proffer and defer to the court.” Means ?
If everyone (DHS, the judge, you) agrees that your testimony will be the same as in your written statement, you can be sworn in, and then testify that everything in your application is true. Once that is accepted, the judge can issue a decision based on your sworn promise that your application is true. Usually, this is a good thing and it means the case is being granted (we had that happen just the other day, so that was nice). The BIA cases called Matter of Fefe sets forth this requirement. Take care, Jason
Hello Jeason
Am approved asylum , my wife and 2 daughters are green card holder and i have 2 more kids us citizen by birth, am in process of divorce, and i want to cancel my wife green card i have letter from her written by her hand she lied to immigration give them faults to information. If I submit that to uscis will be a good reason to deport her from us ??
I would be careful about that, as it could come back to harm you (not to mention the children). If they think she committed fraud, that could affect you by causing USCIS to think that you committed fraud as well. Also, once she has the GC, I imagine it will be difficult to get her deported on that basis, as you do not have any right to cancel her card since she is no longer your dependent. I guess if they believe she committed fraud, that could cause them to reopen her case, but I would not be surprised if they reopened all the related cases as well. Take care, Jason
It pains me to hear this. No matter what you are going thru now for the sake of those kids and the reason why you got married, pray God to appease your soul and find peace then try to cope until you get your citizenship then you can peacefully part ways with the mother of your children. After love it should not be war. Even if you are the one by whom she got that green card you must take it back just for show and ego, especially that it will certainly harm you back via boomerang effect. Be wise, listen to our dear Jason and find inner peace to love yourself, you deserve better.
Well said. Thank you, Jason